Martin v. Song et al

Filing 9

STIPULATION AND ORDER FOR DISMISSAL (whalc2, COURT STAFF) (Filed on 8/7/2009)

Case3:09-cv-01654-WHA Document8

Filed08/06/09 Page1 of 2

SIDNEY J. COHEN, ESQ., State Bar No. 39023 SIDNEY J. COHEN PROFESSIONAL CORPORATION 2 427 Grand Avenue Oakland, CA 94610 3 Telephone: [phone]
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Attorneys for Plaintiff CAROLYN MARTIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CAROLYN MARTIN CASE NO. C 09-01654 WHA Civil Rights

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Plaintiff,
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v.
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SUP SONG AND YONG JA SONG, TRUSTEES OF THE 2006 SONG FAMILY TRUST; and DOES 1-25, 13 Inclusiv e,
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STIPULATION AND ORDER FOR DISMISSAL FRCP section 41 (a) (1) (ii)

Defendants. / Plaintiff Carolyn Martin and defendant Insup Song and Yong Ja Song,

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Trustees of the 2006 Song Family Trust (erroneously sued as "Sup Song and Yong
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Ja Song, Trustees of the 2006 Song Family Trust") , by and through their attorneys
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of record, file this Stipulation and Order for Dismissal pursuant to Federal Rule of
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Civil Procedure section 41 (a) (1) (ii).
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Plaintiff filed this lawsuit on April 15, 2009.
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Plaintiff and defendant have entered into a "Mutual Release And Settlement
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Agreement" which settles all aspects of the lawsuit against defendant. A copy of the
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"Mutual Release And Settlement Agreement" is incorporated by reference herein
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as if set forth in full. Plaintiff and defendant stipulate to the court retaining
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jurisdicti on to enforce the "Mutual Release And Settlement Agreement."
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Plaintiff moves to dismiss with prejudice the lawsuit against defendant.
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Stipulation And Order For Dismissal

Case3:09-cv-01654-WHA Document8

Filed08/06/09 Page2 of 2

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Defendant, who has answered the Complaint, agrees to the dismissal with

2 prejudice. 3 4

This case is not a class action, and no receiver has been appointed. This Stipulation and Order may be signed in counterparts, and facsimile or

5 electronically transmitted signatures shall be as valid and as binding as original 6 signatures. 7

Wherefore, plaintiff and defendant, by and through their attorneys of record,

8 so stipulate. 9 Date: 8/6/09 10 11 12 13 Date: 8/6/09 14 15 16 17 18

SIDNEY J. COHEN PROFESSIONAL CORPORATION /s/ Sidney J. Cohen _____________________________ Sidney J. Cohen Attorney for Plaintiff Carolyn Martin LOSEH & EHRLICH /s/ Joseph Ehrlich Joseph Ehrlich Attorney for Defendant Insup Song and Yong Ja Song, Trustees of the 2006 Song Family Trust

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED:
ISTR The The lawsuit against defendant is dismissed with prejudice.ICT Court ES D

UNIT ED

19 shall retain jurisdiction to enforce the parties' "Mutual Release And Settlement
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20 Agreement." 21 Date: 22 23 24 25 26 27 28
Stipulation And Order For Dismissal

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August 7, 2009

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F D IS T IC T O R

The Court will retain jurisdiction over this matter for one year only.

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William H. Alsuplliam Alsup i Jud e W United States gDistrict Judge
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D RDERE IS SO O FIED IT DI AS MO

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